NRS 176.0925: Sexual Offense Defined

Which Offenses Are Covered by NRS 179D.097?

NRS 176.0925 adopts the definition of sexual offense in NRS 179D.097 for Nevada’s court procedures involving sex offenders and offenders convicted of a crime against a child. The definition helps determine when a conviction triggers the court’s duty to notify the Central Repository and advise the defendant about registration.

NRS 179D.097(1) lists specific Nevada offenses and sets out when other offenses qualify. The list includes:

• Sexual assault and related offenses. Sexual assault, statutory sexual seduction and battery with intent to commit sexual assault. The list also includes first-degree murder committed while committing or attempting sexual assault, or while committing or attempting sexual abuse or molestation of a child under 14.
• Offenses involving children or students. Child abuse involving sexual abuse or exploitation, offenses involving child sexual abuse material, lewdness with a child, and specified sexual conduct involving school personnel or volunteers and pupils, or college or university employees and students. Luring a child or a person with mental illness qualifies when punished as a felony.
• Other listed Nevada offenses. Examples include sex trafficking, incest, open or gross lewdness, indecent or obscene exposure, sexual penetration of a dead human body, certain forms of fertility fraud, and offenses involving a drug or controlled substance administered to facilitate a felony or crime of violence covered by the statute.
• Other ways an offense can qualify. An offense may qualify through a required element involving sexual acts or conduct with another person, or through a finding of sexual motivation under NRS 175.547 or 207.193. The statute also covers attempts and conspiracies to commit offenses in NRS 179D.097(1)(a) through (s).

An offense from another jurisdiction can qualify if it would fall within the Nevada definition. An offense of a sexual nature can also qualify if the person is or was required to register for it in a jurisdiction where they now live, work or study or did so in the past.

When Does the Consent Exclusion Apply?

Under NRS 179D.097(2), consensual sexual conduct is excluded if the other person was an adult outside the offender’s custodial authority, or was at least 13 and the offender was no more than four years older at the time. The exclusion does not apply to the school and college offenses listed in NRS 201.540 and NRS 201.550.

How the Definition Applies After Conviction

After sentencing for a qualifying conviction, NRS 176.0927 governs notice of conviction and advice about registration. The NRS Chapter 176 overview explains how Nevada handles sexual offenses and the separately defined category of crimes against a child.

For information about defending a pending charge, see our Nevada sex crimes defense guide.